Grandparent Visitation Rights Under Florida Law: A Narrow Door Into the Courtroom

Few things sting quite like losing time with a grandchild you adore. Many grandparents assume a loving bond automatically earns a place on the calendar, but Florida law is far more guarded than that. As West Palm Beach family law attorneys, we hear from relatives who are surprised by how limited court-ordered visitation really is. This post offers a general overview for educational purposes only, not legal advice.

Who Is Allowed to Ask a Judge?

Under section 752.011, Florida Statutes, a grandparent (great-grandparents are included under section 752.001) may petition for visitation only in two situations:

• Both of the child’s parents are deceased, missing, or in a persistent vegetative state.
• One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense of violence that poses a substantial threat of harm to the child’s health or welfare.

“Missing” carries a specific meaning: whereabouts unknown for at least 90 days and no success after a diligent search. A divorce or a parent simply saying no does not open the door on its own.

The Gatekeeping Hearing

Once a petition is filed, the court holds a preliminary hearing to decide whether the grandparent has made a prima facie showing of parental unfitness or significant harm to the child. Without that showing, the petition is dismissed, and the grandparent may be ordered to pay the parent’s reasonable attorney fees and costs. If the showing is made, the court may appoint a guardian ad litem and must refer the matter to family mediation before any final hearing.

What the Judge Weighs at the Final Hearing

A court may award reasonable visitation only after finding, by clear and convincing evidence, that a parent is unfit or the child faces significant harm, that visitation serves the child’s best interest, and that it will not materially harm the parent-child relationship. The statute lists many considerations, including:

• The emotional ties and the length and quality of the grandparent’s relationship with the child
• Whether the grandparent kept up regular contact before the parent died, became incapacitated, or went missing
• The child’s current mental, physical, and emotional health
• The child’s preference, if the child is mature enough to express one
• Any written statement from a deceased parent about visitation

One notable wrinkle: when a parent has been held criminally liable for the other parent’s death, or civilly liable for an intentional tort causing it, a presumption favors reasonable visitation for the deceased parent’s own parent. That presumption can be overcome only by a finding that visitation is not in the child’s best interests.

Lawmakers Looked at Changes in 2026

Bills filed during the 2026 session, including SB 674, SB 1150, and HB 861, proposed revising who may petition. All three died in committee on March 13, 2026, so the statute described above remains the framework Florida courts apply.

Talk Through Your Family’s Situation With Us

If grandparent visitation questions are weighing on your household, we invite you to reach out to Bruce S. Rosenwater & Associates, P.A. We will listen to your story and explain how Florida’s statutes may apply. Call us at 561-688-0991 to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2026/Chapter752/All